Hampe v. Pittsburg & Birmingham Traction Co.

Citations

• 165 Pa. 468
• 30 A. 931
• 1895 Pa. LEXIS 1027

Syllabus

<p>Street railways—Inclined planes—Lease—Continuous route—Acts of April 23, 1861, February 17, 1870, and March 23, 1870.</p> <p>The inclined plane company, incorporated under the special act of March 23, 1870, P. L. (1871) 1462, with power to construct an inclined plane and passenger railways with “all'the powers and privileges as are contained in the act regulating railroad companies approved February 19,1849,” has power to lease its property to another passenger road under the acts of April 23,1861, P. L. 410, and Feb. 17, 1870, P. L. 31.</p> <p>An absolute passage of the same car from one road to another without break or interruption, is not necessary to constitute a “connected” line within the meaning of the act of April 23, 1861, or a “ continuous l’oute” within the meaning of the act of Feb. 17, 1870.</p> <p>The act of Feb. 17, 1870, P. L. 31, does not repeal the act of April 23, 1861, P. L. 410.</p> <p>An inclined plane company organized under the special act of March 23, 1870, P. L. (1871) 1462, has authority to lease its whole system to another passenger railway company, where one of the railway lines of the lessor forms a continuous route with the road of the lessee, notwithstanding the break made by the inclined plane, in the centre of the line of the lessor.</p>